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LA Funds Important Legal Research on Free Software Compliance
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| Over the past twelve months or so Iâve noticed
| an upswing in enquiries about free software
| compliance. For example, someone might be
| seeking access to source code for embedded
| devices with Linux and/or Busybox on them.
| One of the key problems for pursuing
| compliance is the legal concept of
| âstandingâ. That is, does the court think
| you have a right to press the claim in
| question? So for example, if you see someone
| (A) breach a contract with someone else (B), a
| court will probably not let you sue A,
| basically because that is Bâs business [1]. B
| might not be concerned about the breach, or B
| might have a relationship with A (or someone
| else) that might be jeopardised by suing A, so
| it should be up to B to make the decision
| about whether to proceed with a suit.
| Moreover, A has not infringed a right that you
| have, so why should you be able to sue?
| Youâve not suffered damage, so why should you
| be able to sue? In short, a court seeks to
| limit the people bringing actions to only
| those people whose rights have been infringed.
| So, if you, not holding copyright, see
| someone breaching the GPL, you canât sue them
| in copyright to enforce compliance.
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http://brendanscott.wordpress.com/2010/03/03/free-software-compliance-and-the-trade-practices-act/
Recent:
Episode 0x1B: Jeremy Allison of the Samba Team
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| Bradley and Karen interview Jeremy Allison of
| the the Samba Team.
|
| This show was released on Thursday 19 November
| 2009; its running time is 00:55:38.
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http://www.softwarefreedom.org/podcast/2009/nov/19/0x1B/
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